HC Deb 28 June 1988 vol 136 c311

9.—(l) If—

  1. (a) a sample is taken from a person in connection with the investigation of an offence; and
  2. (b) he is cleared of that offence.
it must be destroyed as soon as is practicable after the conclusion of the proceedings.

(2) If—

  1. (a) a sample is taken from a person in connection with such an investigation; and
  2. (b) it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable,
it must be destroyed as soon as is practicable after that decision is taken.

(3) If—

  1. (a) a sample is taken from a person in connection with the investigation of an offence; and
  2. (b) that person is not suspected of having committed the offence,
it must be destroyed as soon as it has fulfilled the purpose for which it was taken.

(4) Proceedings which are discontinued are to be treated as concluded for the purposes of this paragraph.

(5) Nothing in this paragraph—

  1. (a) affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or
  2. (b) applies to a person arrested or detained under the terrorism provisions.— [Mr. John Patten.]

Forward to